ANNEX III FINANCIAL SERVICES (NON-CONFORMING MEASURES) SECTION A SINGAPORE

Transcription

1 ANNEX III FINANCIAL SERVICES (NON-CONFORMING MEASURES) SECTION A SINGAPORE

2 Section A Banking Sector Banking CPC 811 Financial Intermediation Services, except insurance and pension fund services Measure Banking Act, Cap. 19 MAS Notice 619 Guidelines for Operation Wholesale Banks, Guidelines for Operation Offshore Banks Only institutions licensed or approved by the Monetary Authority Singapore as banks and merchant banks can accept deposits. Foreign banks may only establish as Singapore branch fices a corporation or Singapore-incorporated companies. Wholesale Banks Wholesale banks are not permitted to: (a) accept Singapore dollar fixed deposits less than S$250,000; (b) fer savings accounts; (c) operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents; (d) issue Singapore dollar bonds and negotiable certificates deposit, unless the requirements pertaining to minimum maturity period, minimum denomination or class investors contained in the Guidelines for Operation Wholesale Banks issued by the Monetary Authority Singapore and / or its successor body are complied with. Only a maximum 20 new Wholesale Bank licenses will be granted by the Monetary Authority Singapore and / or its IIIA - SG - 1

3 successor body between 30 June 2001 and 30 June Offshore banks Offshore banks are not permitted to: (a) provide credit facilities to non-bank residents Singapore in Singapore dollars exceeding a total S$500 million at any one time; (b) fer savings account; (c) accept any fixed or other interest-bearing deposits in Singapore dollars from non-bank residents Singapore; (d) operate current accounts for non-bank residents unless the accounts are fered: (i) in connection with credit facilities granted to, or other business dealings with the customer; or (ii) to customers the bank's head fice; (e) operate interest-bearing Singapore dollar current accounts for natural persons who are Singapore residents; (f) accept Singapore dollar fixed deposits less than S$250,000 from non-bank non-residents; (g) issue Singapore dollar bonds and negotiable certificates deposit, unless the requirements pertaining to minimum maturity period, minimum denomination or class investors contained in the Guidelines for Operation Offshore Banks issued by the Monetary Authority Singapore and/or its successor body are complied with. IIIA - SG - 2

4 Industrial Banking CPC 811 Financial Intermediation Services, except insurance and pension fund services Measure Finance Companies Act, Cap. 108 No new finance company licenses will be granted. Finance companies may only establish as Singapore incorporated companies. Finance companies are not permitted to establish f-premise ATMs, ATM networking or allow their accounts to be debited through an Electronic Funds Transfer at Point Sale (EFTPOS). IIIA - SG - 3

5 Industrial Banking CPC 8111 Services Monetary Intermediaries Measure Banking Act, Cap. 19 Monetary Authority Singapore Act, Cap. 186 Guidelines for Operation Merchant Banks Merchant banks may only establish as Singapore branch fices a corporation or Singapore-incorporated companies. No merchant bank may establish more than one fice (excluding back-fice operations. IIIA - SG - 4

6 Banking CPC 811 Financial Intermediation Services, except insurance and pension fund services Senior Management and Boards Directors Measure Banking Act, Cap. 19 Monetary Authority Singapore Act, Cap. 186 MAS Notice No. 622 No foreign shareholders shall acting alone or in concert with other shareholders, assume control any Singapore incorporated bank or a company belonging to a class financial institutions approved as financial holding companies under section 28 the Monetary Authority Singapore Act ( referred to as financial holding company ). A majority the directors a bank incorporated in Singapore must be either Singapore citizens or Singapore permanent residents. Approval from the Minister is required before a shareholder (together with associated persons) is allowed to acquire shareholdings in a Singapore incorporated bank or a financial holding company to 5%, 12% and 20%, and before a Singapore incorporated bank or a financial holding company is allowed to be merged or taken over by any other body. In approving applications to exceed the threshold limits, the Minister may impose conditions it considers necessary to prevent undue control, protect public interests, and ensure the integrity the financial system. A foreign shareholder is a person that is: (a) in the case a natural person, not a citizen Singapore; and (b) in the case a corporation, not controlled by citizens Singapore. IIIA - SG - 5

7 Settlement and clearing services for financial assets CPC 813 Services auxiliary to financial intermediation other than to insurance and pension funding Measure Banking Act, Cap. 19 Only a clearing house established under the Banking Act may provide clearing services for cheques and other credit instruments which are drawn on a bank in Singapore (whether payable in Singapore dollars or other currency), and services for interbank GIRO transfers. IIIA - SG - 6

8 Securities Sector CPC 8131 Services related to the administrative financial markets CPC 8132 Services related to securities markets Measure Securities and Futures Act 2001, Cap. 289 The establishment or operation securities and futures markets as exchanges, exempt exchanges or recognized trading system providers, is subject to the authorisation, including the imposition conditions for authorisation, by the Monetary Authority Singapore and/or its successor body. IIIA - SG - 7

9 Trading for own account or for account customers, whether on an exchange, in an over-the-counter market or otherwise; participation in all kinds securities, including underwriting and placement as agent and provision service related to such issues CPC 8132 Services related to securities markets Measure Banking Act, Cap. 19 Banks and merchant banks are required to establish separate subsidiaries to trade financial futures for customers. IIIA - SG - 8

10 Measure Asset management CPC 8132 Services related to securities market Admission Criteria, Guidelines and Application Forms for Fund Management and Insurance Companies included under CPFIS In considering the admission Fund Management Companies (FMCs) under the Central Provident Fund Investment Scheme (CPFIS), the Central Provident Fund Board and/or its successor body takes into consideration the following factors: (a) whether the FMC has a minimum one-year track record as a capital markets services license holder under the Securities and Futures Act (or its equivalent under the Securities Act) in the fund management industry in Singapore while the group as a whole has a minimum 3 years track record in fund management; (b) whether the FMC manages at least S$500 million worth funds in Singapore; (c) whether the FMC has a minimum 3 fund managers, two whom must have at least 5 years fund management experience; (d) whether the FMC is able to show evidence its commitment to grow in its Singapore operations; (e) whether the FMC demonstrates a commitment to contribute to the future development the fund management industry in Singapore, such as the transfer fund management and other related skills to personnel employed locally and in investor education. IIIA - SG - 9

11 Participation in all kinds securities, including underwriting and placement as agent and provision service related to such issues CPC 8132 Services related to securities markets Measure Banking Act, Cap. 19 Banks' and merchant banks' membership on any securities exchange or futures exchange established in Singapore must be held through subsidiaries. IIIA - SG - 10

12 Asset management, such as cash or portfolio management, all forms collective investment management, pension fund management, custodial, depository and trust services CPC 9119 Other financial intermediation services, other than insurance and pension fund services CPC 8131 Services related to the administration financial markets CPC 8132 Services related to securities markets Measure Companies Act, Cap. 50 Only the Central Depository Pte Ltd and/or its successor body is authorised to provide securities custodial services for book-entry securities IIIA - SG - 11

13 Securities CPC 8132 Services related to securities markets Measure Securities and Futures Act 2001, Cap. 289 Holders a capital markets services licence may only establish as Singapore-incorporated companies or Singapore branch fices a corporation. IIIA - SG - 12

14 Payment and non-money transmission services CPC 811 Financial Intermediation Services, except insurance and pension fund services Measure Money-Changing and Remittance Businesses Act, Cap. 187 Remittance shops and money-changing businesses, except where the remittance or money-changing business is conducted by banks, merchant banks and finance companies, must be majority-owned by Singapore citizens (i.e. ownership more than 50% shareholding). IIIA - SG - 13

15 Insurance Sector Measure Insurance CPC 812 Insurance (including reinsurance) and pension fund services except compulsory social security services Admission Criteria, Guidelines and Application Forms for Fund Management and Insurance Companies included under CPFIS In considering the admission Insurers under the Central Provident Fund Investment Scheme (CPFIS), the Board takes into consideration the following factors: (a) whether the insurer is licensed under the Insurance Act to carry on life insurance business. (b) whether the insurer has a minimum one-year track record as a licensed insurer in Singapore; and (c) whether the insurer employs a minimum three fund management staff, two whom have at least five years fund management experience. The third may only have two years fund management experience if he or she: (i) is a fully qualified Chartered Financial Analyst (CFA), or (ii) is an Associate the Society Actuaries, or (iii) holds a Certificate in Finance and Investments from the Institute Actuaries, or (v) holds an equivalent qualification from any the pressional actuarial bodies recognised in Singapore. (d) whether the insurer and its related group companies have a sound financial position. (e) whether the insurer and its related group companies have a good regulatory compliance record in Singapore and in IIIA - SG - 14

16 other countries where they operate. (f) whether the insurer is able to show evidence its commitment to grow its Singapore operations in areas such as: (i) the amount funds managed; (ii) range products fered (g) whether the insurer demonstrates a commitment to contribute to the future development the insurance industry in Singapore eg. in the transfer insurance, fund management and other related skills to personnel employed locally and in investor education. Note: The above listed is the basic criteria for Insurers to be included under CPFIS. The Board, in consultation with MAS, may consider an applicant for admission, on case by case basis, if the applicant does not meet a specific criterion but has other strengths. Insurers that pass the qualifying criteria stated above will be allowed to fer new investment-linked insurance products (ILPs) and manage ILP sub-funds. IIIA - SG - 15

17 Insurance CPC 814 Services auxiliary to insurance and pension funding Measure Insurance Act, Cap 142 All Insurance brokers (including reinsurance brokers) must be established as Singapore incorporated companies. IIIA - SG - 16

18 Insurance CPC 812 Insurance (including reinsurance) and pension fund services except compulsory social security services Measure Insurance Act, Cap. 142 Direct life insurers may only establish as Singapore-incorporated companies. Reinsurers (intending to be licensed under the Insurance Act) and non-life direct insurers may only establish as Singaporeincorporated companies or Singapore branch fices a corporation, but may not establish any representative fices. Captive insurers may only establish as Singapore incorporated companies. IIIA - SG - 17

19 Measure Insurance CPC 812 Insurance (including reinsurance) and pension fund services except compulsory social security services Cross Border Trade in Motor Vehicles (Third Party Risks and Compensation) Act, Cap. 189 Workmen's Compensation Act, Cap. 354 Compulsory insurance Motor Third Party Liability and Workmen's Compensation can only be purchased directly or through an intermediary from licensed insurers in Singapore. IIIA - SG - 18

20 Insurance CPC 814 Services auxiliary to insurance and pension funding Cross Border Trade in Measure Insurance Act, Cap 142, Financial Advisers Act, Cap. 110 The placement domestic risk outside Singapore by brokers is subject to approval by the Monetary Authority Singapore, with the exception reinsurance risks and insurance risks relating to maritime liabilities ship owners insured by protection and indemnity clubs. IIIA - SG - 19

21 Existing Measures Insurance CPC 812 Insurance (including reinsurance) and pension fund services, except compulsory social security service Singapore will require product filing for life insurance business, as well as product approval for Central Provident Fund-related products, investment-linked products and insurance products new to the Singapore market Admission criteria set by CPF Board and Ministry Health IIIA - SG - 20

22 All Sectors Sector All sectors Measure Companies Act, Cap. 50, Part IV Division 7A Securities and Futures Act, Cap. 289, Part III Banking Act, Cap. 19, section 59 Clearing and settlement services for exchange-traded securities and financial futures and inter-bank transfers can only be provided by Central Depository (Pte) Limited, Singapore Exchange Derivatives Clearing Ltd and Banking Computer Services Pte Ltd respectively IIIA - SG - 21

23 All sectors Measure Insurance Act, Cap. 142 MAS Notice 109 Banking Act, Cap 19 MAS Notice 757 Finance Companies Act, Cap. 108 MAS Notice 816 Monetary Authority Singapore Act, Cap MAS Notice 1105 Securities and Futures Act, Cap Financial Institutions extending Singapore dollar (S$) credit facilities exceeding $5 million per entity to nonresident financial entities or arranging S$ equity or bond issues for non-residents, must ensure that where the S$ proceeds are to be used outside Singapore, they are swapped or converted into foreign currency upon drawdown or before remittance abroad. 2. Financial Institutions should not extend S$ credit facilities to non-resident financial entities if there is reason to believe that the S$ proceeds may be used for S$ currency speculation The term non-resident is as defined in MAS Notice 757 issued under the Banking Act. IIIA - SG - 22